The PTO issues three different kinds of patents: utility patents, design patents and plant patents. This is Info for the next Page
There are five main Intellectual Property Rights, The first three are patents, copyrights, and trade secrets. Patents are known as a negative right; that is, a patent represents a right to exclude others from making, using, or selling a particular invention. In other words, having a patent doesn’t give you the right to do the invention; rather, it gives you the right to prevent other people from doing the invention. This aspect of a patent is very important later on when considering one of the tests for disclosability. A patent is good for a limited number of years. For example, in the United States, a patent is now effective for 20 years from the date it was filed. After that date, no one can be excluded from the described invention. Copyright is the right to control the making of copies of a work of authorship. copyright primarily controls the making of copies of something. To infringe a copyright, you must actually be aware of the original work, so that you can actually copy it. It isn’t enough that your creation be identical to another creation; if you didn’t actually copy the original, then no copyright infringement occurred. Patents, on the other hand, don’t work like this. A patent can be used to stop someone from making an invention whether they were aware of the original invention or not. advantages to using all of these protective devices whenever possible. None provides perfect protection. A patent is a document issued by the U.S. Patent and Trademark Office (PTO) that grants a monopoly for a limited period of timeon the manufacture, use and sale of an invention. These exclusive rights last between 14 and 20 years, depending on the type of invention.
To qualify for a utility patent -- by far the most common type of patent -- an invention must be: a process or method for producing a useful, concrete and tangible result a machine or an article of manufacture a composition of matter an improvement of an invention that fits within one of the first four categories. What types of inventions are not eligible for patent protection? Some types of inventions will not qualify for a patent, no matter how interesting or important they are. For example, mathematical formulas, laws of nature, newly discovered substances that occur naturally in the world, and purely theoretical phenomena -- for instance, a scientific principle like superconductivity without regard to its use in the real world -- have long been considered unpatentable. Can computer software qualify for patent protection? Yes. Even though you can&apos;t get a patent on a mathematical formula per se, you may be able to get protection for a specific application of a formula . For example, the PTO will not issue a patent on the complex mathematical formulae that are used in space navigation, but will grant a patent for the software and machines that translate those equations and make the space shuttle go where its supposed to go.
Detectability Once a patent is granted the idea and implementation details become public. To be able to enforce one’s property rights on the patent, infringements of those rights must be easily detectable, otherwise the idea is best kept as a secret. However, there is a proviso on this: it is sometimes good tactics to tell the world about your invention and not seek patent protection in order to stop your competitor from patenting the invention. Thus, even though the competitor will be able to freely use the invention, you would have ensured that he cannot stop you from using it! Where publishing is an advantage, IBM may publish the invention as a Research Disclosure and not seek patent protection. Non-avoidability The invention is important to the success of a product and is difficult to avoid, say, without coming up with an alternative invention. An example of such a patent covers the operation of the keyboard on IBM compatible PCs all PCs seen so far use the invention and the way to detect infringement is to plug in an IBM PC keyboard and if it works there is a 99% chance there is an infringement! IBM is unlikely to spend the considerable costs related to a patent filing for inventions it does not consider valuable. But measuring value is next to impossible! However, do ask yourself, “What aspect of the design is critical, and cannot easily be bypassed or done some other way? What might be generalized and applied in other contexts? Would IBM suffer if we lost access to this technology or had to pay royalties for it? Does a better solution have high marketing value or significantly reduce costs or improve function? Could it have high licensing value?”
The invention should have some utility, no matter how trivial. What makes an invention &quot;useful?&quot; Patents may be granted for inventions that have some type of usefulness (utility), even if the use is humorous, such as a musical condom or a motorized spaghetti fork. However, the invention must work -- at least in theory. Thus, a new approach to manufacturing superconducting materials may qualify for a patent if it has a sound theoretical basis -- even if it hasn&apos;t yet been shown to work in practice. But a new drug that has no theoretical basis and which hasn&apos;t been tested will not qualify for a patent. Remember that to qualify for a design or plant patent, the other two types of patents obtained in the U.S., the inventor need not show utility.
Suppose that every ash tray ever made had 1, 2, or 3 cigarette slots An ash tray that was identical to these ash trays, except that it had 4 slots . . . would easily be “new” be novel (that is, it must be different from all previous inventions in some important way). In the context of a patent application, an invention is considered novel when it is different from all previous inventions (called &quot;prior art&quot;) in one or more of its constituent elements. When deciding whether an invention is novel, the PTO will consider all prior art that existed as of the date the inventor files a patent application on the invention. If prior art is uncovered, the invention may still qualify for a patent if the inventor can show that he or she conceived of the invention before the prior art existed and was diligent in building and testing the invention or filing a patent application on it. An invention will flunk the novelty test if it was described in a published document or put to public use more than one year prior to the date the patent application was filed. This is known as the one-year rule.
be nonobvious (a surprising and significant development) to somebody who understands the technical field of the invention. When is an invention considered &quot;nonobvious?&quot; To qualify for a patent, an invention must be nonobvious as well as novel. An invention is considered nonobvious if someone who is skilled in the particular field of the invention would view it as an unexpected or surprising development. If a bicycle developer who uses a new, light but strong metal alloy to build his bicycles. Most people skilled in the art of bicycle manufacturing would consider the use of the new alloy in the bicycle to be obvious, given that lightness of weight is a desirable aspect of high-quality bicycles. Knowing whether an invention will be considered nonobvious by the PTO is difficult because it is such a subjective exercise -- what one patent examiner considers surprising, another may not. In addition, the examiner will usually be asked to make the nonobviousness determination well after the date of the invention, because of delays inherent in the patent process. The danger of this type of retroactive assessment is that the examiner may unconsciously be affected by the intervening technical improvements. To avoid this, the examiner generally relies only on the prior-art references (documents describing previous inventions) that existed as of the date of invention.
In this patent, dated 1932, Mr. Karl was concerned that pedestrians were being struck by vehicles. His particular concern, however, was a bit different than what you might expect. Mr. Karl observed that most streets were rather filthy, what with dirt, horse droppings, and so forth. When someone was struck by a vehicle and thrown to the street, their clothing would be soiled. Many people had only one good change of clothes, and hence they might need to be buried in unattractive attire following the accident. By this invention, Mr. Karl provided a trigger mechanism that sensed when a pedestrian was struck, and then shot a blanket out in front of the vehicle so that the body of the pedestrian would fall on the blanket and be spared the filthy street below. Who would want to do this? Why would anybody need a patent for this? What good did this patent ever do anybody?
Now think about this for a moment. How does anybody, schedule a meeting? You figure out who you want there, and you get input from everyone as to their potential conflicts. You then schedule your meeting based upon that information. So, is this new? Viewed in its entirety, perhaps so. Notice the claim has words like “in said computer system.” The idea of checking with everyone to identify conflicts might be old, but so long as something in the overall description is new, then the novelty test has been passed. Is this obvious? Is it obvious to take an old process and implement it in this manner? If the inventor had asked that question before disclosing this invention, IBM might well not have this patent, right? Once again, obviousness is a bad test. Don’t ask it! Does this invention have business impact? Heck yes!
The generation and protection of intellectual property in IBM involves three players. The inventor, the IDT (Invention Development Team), and the IP Law. There is a distinction between an Invention Disclosure and a patent application. As a first step, IBM inventors file an Invention Disclosure on the WPTS describing their invention in which they provide information about their invention If, after evaluation, the Invention Disclosure is rated File, would steps be initiated to file a paptent application in one or more countries. At this stage, the drafting of the application is done by IBM appointed lawyers who will get in touch with the inventor(s) and seek his/her (their) assistance, usually to ensure that the technical contents of the patent application are correct, seek clarifications, suggest enlargement of scope, suggest extensions, etc.
You will also find the website http://www.patents.ibm.com a rich source of information on patents which have already been granted. Please do not attempt to prepare your documentation when submitting to the WPTS in the manner you find inventions described in this website. IBM appointed lawyers will prepare such documentation should a decision be taken to file a patent application for your invention. There are no standard formats prescribed for documenting your invention for submission to the WPTS. Therefore you can prepare it in a manner you find suitable but ensure that you
You can attach Word documents in the answer blocks in the section &apos;Main Idea&apos;, for Serial Nos. 1 - 4. There is no standard format so the inventor(s) can document the invention in a manner that suits him/her (them) as long as the desired information is clearly determinable. If the invention disclosure, after evaluation, is recommended for filing a patent application, then further instructions would be conveyed to the inventor(s) by the appointed lawyers and others, as required. The lawyers will take care of preparing the patent application in appropriate legal language. Include implementation details if you have them and only if they are needed for an understanding of the other three sections. DO NOT DELAY SUBMITTING YOUR DISCLOSURE because you haven&apos;t completed (or even started) your implementation. Clearly describe the problem you are addressing; State the solution (which you may also call your invention) you are proposing; State what is new in your solution and/or the solution method with respect to other known solutions, if any; Convince yourself that your solution would not normally occur to the average man skilled in the technical area to which your invention belongs; Provide sufficient details (flowcharts, formulas, descriptions, worked examples, etc.) so that someone skilled in the respective technical area will be able to implement the solution on the basis of those details; If possible, provide evidence that your solution has some advantage over other known solutions.
Additional Corporate Awards and Patent Portfolio Awards of unlimited size exist for patents used in license negotiations. Leading inventors are recognized in an annual Corporate Technical Recognition Event, hosted by the CEO of IBM.
Transcript of "Patents"
You also can do it !!!You also can do it !!!
Topics of DiscussionTopics of Discussion
What is a PatentWhat is a Patent
What can be PatentedWhat can be Patented
3 Questions you should ask yourself3 Questions you should ask yourself
How to go about getting a Patent in IBMHow to go about getting a Patent in IBM
Awards in IBMAwards in IBM
Patents - IBM WorldwidePatents - IBM Worldwide
My Invention DisclosuresMy Invention Disclosures
What is a PatentWhat is a Patent
• The right toThe right to excludeexclude others from making,others from making,
using, or selling the inventionusing, or selling the invention
• Patents have a limited lifetimePatents have a limited lifetime
What can be patentedWhat can be patented
• In general, most things can be patentedIn general, most things can be patented
Mechanical structures, electrical circuits, chemicalMechanical structures, electrical circuits, chemical
compounds, Methods (steps for carrying out some processcompounds, Methods (steps for carrying out some process
or function)or function)
• Some countries prohibit patents for certainSome countries prohibit patents for certain
areas of subject matterareas of subject matter
Medicines ,Inventions harmful to public morals ,Medicines ,Inventions harmful to public morals ,
Humans/living things ,Laws of nature ,MathematicalHumans/living things ,Laws of nature ,Mathematical
So you have an Idea butSo you have an Idea but
you are not sure !!!!you are not sure !!!!
The 3 basic requirementsThe 3 basic requirements
• Inventive step/Creativity/UnobviousInventive step/Creativity/Unobvious
Useful ??Useful ??
• This usually isn’t much of a testThis usually isn’t much of a test
– The invention doesn’t have to work better than priorThe invention doesn’t have to work better than prior
– The invention doesn’t have to be less expensiveThe invention doesn’t have to be less expensive
than prior solutionsthan prior solutions
• It just has to be useful, in some wayIt just has to be useful, in some way
Novelty ??Novelty ??
• Virtually every country has this requirementVirtually every country has this requirement
Inventive !!!!Inventive !!!!
• ““The invention must not be obvious to a personThe invention must not be obvious to a person
of average skill in the art”of average skill in the art”
• ““The invention must reflect an inventive step”The invention must reflect an inventive step”
• ““There must be someThere must be some creativitycreativity required torequired to
arrive at the invention”arrive at the invention”
Automatic Device for theAutomatic Device for the
Protection of PedestriansProtection of Pedestrians
U.S. Patent No. 1,865,014 H. Karl June 28, 1932
Method of Scheduling MeetingsMethod of Scheduling Meetings
U.S. Patent No.
Curtis et al.
December 2, 1986
AA methodmethod ofof scheduling a meetingscheduling a meeting using attendee calendarsusing attendee calendars
stored in a computer system, said method comprising:stored in a computer system, said method comprising:
presenting a scheduler with apresenting a scheduler with a prompting screenprompting screen for keyingfor keying
in prospectivein prospective attendeesattendees andand desired date range and timedesired date range and time
spanspan for a meeting;for a meeting;
comparingcomparing in said computer systemin said computer system said date range andsaid date range and
time span with said attendee calendars; andtime span with said attendee calendars; and
presenting anpresenting an option screenoption screen to said scheduler,to said scheduler, displayingdisplaying
available timesavailable times for selection of a meeting time.for selection of a meeting time.
How to go about getting a PatentHow to go about getting a Patent
in IBMin IBM
Worldwide Patent TrackingWorldwide Patent Tracking
System - WPTSSystem - WPTS
Add the WPTS Icon on your DesktopAdd the WPTS Icon on your Desktop
New DisclosureNew Disclosure
Calculation of PVT Critical Questions
- India Global
Division - GS
Disclosure QuestionsDisclosure Questions
Describe your invention, stating the problem
solved (if appropriate), and indicating the
advantages of using the invention.
How does the invention solve the problem or
achieve an advantage,(a description of "the
invention", including figures inline as
If the same advantage or problem has been
identified by others (inside/outside IBM), how
have those others solved it and does your
solution differ and why is it better?
Making an Invention Disclosure -Making an Invention Disclosure -
First Time Filing of a Patent - $1500First Time Filing of a Patent - $1500
Subsequent Patent Filing - $750Subsequent Patent Filing - $750
+ Framed Certificate and plus 3 plateau points per inventor per filing+ Framed Certificate and plus 3 plateau points per inventor per filing
for reaching first plateau of 12 points - 1200 USD, plus framedfor reaching first plateau of 12 points - 1200 USD, plus framed
certificate and IBM jewelrycertificate and IBM jewelry
at issuance of a patent - $ 500 USD plus framed certificateat issuance of a patent - $ 500 USD plus framed certificate
Between $1000 and $4500 for patents selected based on value to theBetween $1000 and $4500 for patents selected based on value to the
Portfolio Awards of unlimited size exist for patents used in licensePortfolio Awards of unlimited size exist for patents used in license
2886 Patents for IBM in 2000 (1999 + 130)2886 Patents for IBM in 2000 (1999 + 130)
8th Consecutive year at #18th Consecutive year at #1
IBM Topped the next closest company by more than 850IBM Topped the next closest company by more than 850
IBM has nearly 34,000 patents in force worldwide,IBM has nearly 34,000 patents in force worldwide,
including 19,000 U.S. Patentsincluding 19,000 U.S. Patents
IBM invests more than $5.5 billion in R&DIBM invests more than $5.5 billion in R&D
There are 4000 IBM inventors from 24 CountriesThere are 4000 IBM inventors from 24 Countries
IBM's total intellectual property portfolio generated moreIBM's total intellectual property portfolio generated more
than $1 billion in licensing royalties in 2000.than $1 billion in licensing royalties in 2000.